Section 41 of The Protection of Human Rights Act, 1993 in hindi
- (1)The State Government may, by notification, make rules to carry out the provisions of this Act.
- (2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a)the salaries and allowances and other terms and conditions of service of 1 [the Chairperson and Members] under section 26;
- (b)the conditions subject to which other administrative, technical and scientific staff may be appointed by the State Commission and the salaries and allowances of officers and other staff under sub-section (3) of section 27;
- (c)the form in which the annual statement of accounts is to be prepared under sub-section (1) of section 35.
- (3)Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
Summary
- The State Government has the power to make official rules to implement the provisions of this human rights law within its state.
- These state rules determine the salaries, allowances, and job conditions of the State Commission Chairperson and members.
- They outline the recruitment conditions, salaries, and allowances for the State Commission's administrative, technical, and scientific staff.
- They prescribe the exact format that the State Commission must use to prepare its yearly statement of accounts.
- Every rule made by a State Government must be placed before its State Legislature, whether it has one or two houses.
Practical examples
FAQ
1. Who has the authority to make rules for State Commissions under Section 41 of the Protection of Human Rights Act?
Under Section 41 of the Protection of Human Rights Act, the respective State Government has the authority to make rules to carry out the provisions of the Act for its State Commission.
2. Can a State Government set the salaries of State Commission members under Section 41 of this human rights act?
Yes, under Section 41 of this human rights act, the State Government makes rules specifying the salaries, allowances, and other conditions of service for the State Commission's Chairperson and members.
3. Must rules made by the State Government under Section 41 of the human rights law be presented to the legislature?
Yes, under Section 41 of this human rights law, every rule made by the State Government must be laid before each House of the State Legislature where it has two houses, or before the single House where it has one.
4. What financial documents does the State Government regulate under Section 41 of the human rights statute?
Under Section 41 of this human rights statute, the State Government makes rules prescribing the form in which the State Commission must prepare its annual statement of accounts.
5. Does Section 41 of the human rights act let the State Government appoint commission staff directly?
No, Section 41 of the human rights act only allows the State Government to make rules setting the conditions and salaries under which the State Commission can appoint its administrative, technical, and scientific staff.
Test yourself
Q1.Under Section 41 of The Protection of Human Rights Act, 1993, before whom must rules made by the State Government be laid?
Q2.Under Section 41 of The Protection of Human Rights Act, 1993, which of the following matters is a State Government authorized to make rules for?
Q3.How do the rule-making powers under Section 40 and Section 41 of The Protection of Human Rights Act, 1993 differ regarding parliamentary or legislative oversight?
Q4.Under Section 41 of The Protection of Human Rights Act, 1993, which section of the Act governs the service conditions of State Commission members that are to be prescribed by these state rules?